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No strong ground of appeal where there had been a significant delay in seeking to extend time
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Supreme Court dismisses appeal from the Court of Appeal, and refuses to extend time to appeal an order of the High Court granting possession of property to a mortgagee, where the borrower had died and the borrower's heir sought to establish a defence, on the grounds that: (a) where there was a significant delay before seeking an extension of time to appeal, the proposed appellant would need to show a correspondingly strong ground of appeal; (b) an argument based on an alleged technical error by the trial judge that had not brought about an unjust result would not normally be sufficient; and (c) in this case, the proposed appellant had inherited property subject to a mortgage and the lender was entitled to an order for possession.
O'Malley J (nem diss): Extension of time to appeal order of High Court - order for possession of mortgaged premises - established case law on extension of time to appeal - conditions for extension of time - whether mandatory or 'matters for the consideration of the court' - substance of appeal - discretion of court - 2007 mortgage - terms of mortgage - death of borrower in 2009 - failure of beneficiary to inform mortgagee of borrower's death - grant of administration ad litem - special summons issued in 2015 - claim of possession - defence by administrator ad litem that claim was statute-barred - order of possession granted in High Court - s.62(7) of the Registration of Title Act of 1964 - whether claim subsisted at time of borrower's death - s.9(2) of the Civil Liability Act 1961 - finding of no other defence - application for late filing of an appeal - order made under 1964 Act despite the fact that the property was not registered land - balance of justice - no reference to 1964 Act in order as perfected.
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